The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1887-04-14

unAD1oXD - uOcuUomU - 80
suE1au1 OoUn1 - Dk0m4nAs
gannasy T9a. \. =. 1851.
g. " wheAs 49, ~ T~y As-
RAxxY. J.: +
L In ordw sAae . pruuiss neds u ess Der-
IN eoaseieuis IL hsse IL dses0 q H. dird
"a snfitle de third pessns = - % - On
"a prumfse. Il must appear thes ns1e W. 2
So inaeus upoa IL pass e bueh ~ IN sod
- sscood ihat ~ As1t peE.oe an9 eero9e
ocA dsoso.. TIE n@e hcs shss u thifd n'gss
q ~ commoe hw lin d . hailee dnes so4,
= aeninse de haflog. extend 70 employees o. Tie
4 r. "a of 1e7A entitled IN ct 70 protect
hbussss and lumbermen," Section -. p. -,
MrClellaA's Digsse. gives lien Only y l.oo.eu
q eoaTactou with whom me owo0 q Ne -
or lumber contrsctA and not 20 employees q .
nernon cuutrnctinR with such owner Who are not
employees d The owner.
Z Tery and Wright entered into written
contract ior sdriveS By the terms d which the
frm1 w. 20 take the latie1s logs at 0cestain
point in . riva and deliver them 70 Wnghrs
nenmhoet n the headol certain bay into which
l. 6ovs 1t q per n, and. to meet contingen-
cio Wright wss TO supply provnsons and money.
the money 70 pay Of The men thai might be got
rid Of and not TO exceed esoQ IAN other mem
TO be paid OF By Wright a. hin agent Ut The end
Of The drive" Wright 70 have the right TO follow
up drive and ses thai 4 vas csean up, and the
hed - the property Of other persons 10 belong TO
Wri1ht-. he'd.
(o5 The contract did NOT constitute Terry an
agent Of Wright 10 employ men tor the latter,
and that the men employed By Terry In cosnec-
ton with the drive" were his own, and not
Wright's empaoyeeA
Of The provisions and the money to pay OF
the men to be got nd Of" were 70 be charged
to Terry and could be credited on the amount
payable by Wright to Terry for the performances
Of his undertaking.
(e) The purpose and legal eject Of the provi-
sion for payment Of men at the end Of the
drive" vas TO authorize Wright TO pay them and
charge the amount TO Terry, and thereby project
himself il he % desired, from any annoyance
that might arise from Terry's not paying them,
bat il did not render Wright liable 70 such men
for their pay even tbe0gh they may have known
Of such provision before they were employed BY
Terry.
(d) The contract did not give the employees
of Terry lien on the logs for their labor OF Wa
ges
Judgment reversed and new trial granted
w. A Blount, for Appellant; Maxwell &
Mallory, for Appellee.
State rel Henry l. Lilienthal, RelatoF, vs. B.
Y. Herndon, Respondent-Quo Warranto.
RAxKY, j.:
1. When the material allegations of an infor
nation In the nature Of quo soGrvonto show that
the relator was elected, and is qualified TO hold
An Office, and they are not denied by the answer
Of the respondent, and such answer sets up
nothing constituting q defense to the informa-
ton, and . demurrer TO such answer is sustained,
and no application ID made to amend The an
swer, judgment Of custer against the respond
ent should be entered and, under the statute
of this State, the relator may, on proof of his
title, be adjudged TO be entitled to hold the
ONCE.
Q. A subsequent election, held in consequence
Of . declaration by the canvassers that there had
been tie vote, Is not bar to . recovery of the
Office by the person elected thereto at . former
election.
Judgment Of custer and recovery granted.
William Scott, for Relator J. W. Tucker, for
Respondent
William D. Chipley, Appellant, Va Wayne z.
Atkinson, Notwithstanding county.
RANEY,J J:
l. An action lies in behalf of an employee
against person who has maliciously procured
the employer to discharge such employee from
EMPLOYMENT in which he ID engaged under q